Ewer v. Beard

Decided March 15, 1825

Massachusetts Supreme Judicial Court · decided 1825-03-15

<p>Two defendants in an actios 'f trespass joined in their plea, and in the Court of Cora* mon Pleas judgment was giv ja in favor of one and against the other. The pJaintiSf appealed from both judgments, and in this Court the judgment was in favor of bcth defendants. Held, that they were not entitled to several costs.</p>

Decided 1825-03-15

Per Curiam.

¶1The appeal of the whole case vacated the judgment below. The cause was tried and determined as a joint action in this Court, and the defendants cannot be allowed several costs.1

¶2 See West v. Brock, post, 303; Griswold v. Sedgwick, 3 Wendell, 326, Howe’s Pract. 302.